As we wade deeper into H-1B season, we look back at H-1B applications of years past. The government recently released its data on the number of Request for Evidence (“RFE”) it issued for H-1B petitions between 2015 and 2019. As you might suspect if you have been following this blog, the percentage of H-1B petitions with an RFE increased significantly in 2018 and 2019. In the first quarter of 2019, 60% of H-1B applicants received an RFE. This is compared with less than 30% of petitions in the first quarter of 2017. Meanwhile, the approval rate of H-1B petitions with an RFE has decreased over the same period.
We continue to see the government overly scrutinize applications, issue absurd requests, or go on fishing expeditions to create additional hurdles for applicants. Fortunately, despite the government’s efforts, the H-1B petitions Dayzad Law prepares seldom receive an RFE and the H-1B petitions are approved 100% of the time! We have learned from the government’s trends and aim to prepare as thorough an application as possible at the outset. Working together with our clients, we combat the government’s overzealous tactics and find success for employers and employees alike.